Section 107 - Inland Vessels Act, 2021

The Inland Vessels Act, 2021

107. Power of State Government to make rules.-

(1) The State Government may, after previous publication, make rules for the provisions specified to be administered by it under this Act or as delegated to it by the Central Government for the purposes of effective implementation of the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the requirements for the appointment of qualified persons as pilots under clause (zk) of section 3;

(b) the fee for issuance of certificate of survey under sub-section (2) of section 12;

(c) the manner and conditions subject to which any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement may proceed on voyage or use in service, temporarily, pending the issue of certificate of survey under sub-section (2) of section 13;

(d) the manner of issue the notice of suspension of certificate of survey to the owner, operator, master, or construction yard under sub-section (2) of section 15;

(e) the functions to be performed by the Registrar of Inland Vessels in respect to the port or place of registry for which he is appointed under sub-section (2) of section 20;

(f) the manner and period in which the Registrar of Inland Vessels shall report the details of the book of registry or entries made therein, to the State Government at regular intervals, under sub-section (2) of section 21;

(g) the fee for granting the certificate of registration to the applicant under sub-section (1) of section 24;

(h) other particulars to be contained in the certificate of registration under clause (e) of sub-section (2) of section 24;

(i) the conspicuous part of the vessel where the owner shall display the official number under sub-section (3) of section 24;

(j) the form and manner in which the registered owner shall apply for a duplicate certificate to the Registrar of Inland Vessels under sub-section (1) of section 26;

(k) the fees or additional fees for applying for a duplicate certificate to the Registrar of Inland Vessels under sub-section (2) of section 26;

(l) the form, manner and period within which the owner, operator or master of the mechanically propelled inland vessel shall make an application, for entry of alterations or modifications made, in the certificate of registration, under sub-section (1) of section 28;

(m) the fee for applying to the Registrar of Inland Vessels for registration of alterations under sub-section (2) of section 28;

(n) the conditions to be complied with and the period for such compliance to be stated in the notice of suspension issued by the Registrar of Inland Vessels under sub-section (4) of section 31;

(o) the form and manner for maintenance of registers to record, the details and data of the certificate, and the certificates specified therein, under sub-section (1) of section 41;

(p) the form of application, form of certificate of fitness and such other conditions including validity, subject to which and the manner of granting the certificate of fitness under sub-section (2) of section 43;

(q) the safety features, gears and such other measures by which any mechanically propelled inland vessel, identified as special category vessel, shall comply with and be equipped in accordance with the categorisation of such vessel, under sub-section (1) of section 44;

(r) the maximum carrying capacity of the vessel identified as special category vessel by specifying the safety waterline or the limits of load water line to keep them afloat, or such other criteria and conditions, for the safe voyage of such inland vessel under sub-section (2) of section 44;

(s) the rates of charges to be received by the owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges under sub-section (3) of section 54;

(t) the form of report of compliance to be submitted by the owner or operator of the passenger or cargo terminal under sub-section (5) of section 54;

(u) the manner in which the owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities under sub-section (6) of section 54;

(v) the procedure for detaining any mechanically propelled inland vessel in connection with a claim, or an offence under section 63;

(w) the form and manner of giving information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-section (2) of section 74;

(x) the powers of the District Magistrate and the procedures to be followed in holding inquiry under sub-section (3) of section 75;

(y) the qualifications, criteria and consideration, fees or charges for the assessors, who have experience in the merchant service or in the navigation of the mechanically propelled inland vessels under sub-section (2) of section 76;

(z) the procedures for detention, formality, fees and conditions, if not specified in this Act, to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this Act, for the purpose of detaining a vessel, under sub-section (4) of section 85;

(za) the rates of fees and additional fees to be charged for the services provided under this Act, and any other charges or payment made to it against penalties of pecuniary nature to be collected by the State Government, and the intervals at which such fees, charges or penalties shall be collected, under sub-section (1) of section 89;

(zb) the procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature under sub-section (3) of section 89;

(zc) the manner and rates of fees or additional fees, the owner, operators or their representatives, as the case may be, shall remit under sub-section (4) of section 89;

(zd) the hierarchy of the offices of the authorised department and the powers and functions to be exercised by such offices under sub-section (3) of section 91;

(ze) the authority and obligation to administer the welfare fund constituted for the purposes of Chapter XVII under clause (c) of sub-section (3) of section 91;

(zf) such other details to be submitted by the owner or operator of non-mechanically propelled inland vessel at the office of the authorised department and the form and manner of making such submission, under sub-section (1) of section 92;

(zg) the form and manner of central data base to record the details of non-mechanically propelled inland vessels under sub-section (6) of section 92;

(zh) the form and manner of issuance of certificate of enrolment and such other document containing details of the owner, to be specified in the said certificate, under sub-section (2) of section 93;

(zi) the form and manner of exhibiting a number issued to a non-mechanically propelled inland vessel under sub-section (4) of section 93;

(zj) the basic minimum standards that may be reasonably observed during the construction of any non-mechanically propelled inland vessel under sub-section (1) of section 94;

(zk) the manner of complying with the standards of construction specified by the State Government, by any class or category of non-mechanically propelled inland vessel under sub-section (2) of section 94;

(zl) the measures to regulate the non-mechanically propelled inland vessel under section 95;

(zm) the measures to be taken by the advisory committee or officers authorised in this behalf to minimise or counter emergency under sub-section (1) of section 99;

(zn) for the purposes of implementation and administration of Chapter XVII of this Act, pertaining to non-mechanically propelled inland vessels;

(zo) any other matter which is required to be, or may be, prescribed under the provisions of this Act.